How do I change the surname of a minor child?

After a child is born in a marriage, the newborn generally acquires the surname of the parents. If the parents do not have a common surname, [the child] acquires the surname of one of them based on their agreement, which they agreed upon at the time of the wedding (the surname of future children is stated in the marriage certificate). It is the same in the case where a child is born out of wedlock. It is at the will of the parents which surname they agree upon for their common child. The child may bear only the surname of a parent.

In our conditions, it is customary for a child to have the father’s surname even in the case of a child born out of wedlock. A problem usually arises in the event that disagreements occur between the parents and the mother is interested in changing the child’s surname to her surname.

In the sense of Section 4, Paragraph 2 of Act No. 300/1993 Coll. on Name and Surname: “A citizen of the Slovak Republic acquires the common surname of the parents upon birth, or, if they have different surnames, acquires the surname of one of them determined by agreement upon entering into marriage; eventually, if the parents are not married to each other and have different surnames, [the child] acquires a surname according to the agreement of the parents. Only a surname which one of the parents has at the time the agreement occurred can be determined by agreement.”

Application for a change of surname If a parent decides to change a child’s surname, they must submit an application for a change of surname, which must be in writing and must contain:

• first name and surname

• date and place of birth

• birth number (personal ID number)

• place of permanent residence in the Slovak Republic, place of the last permanent residence in the Slovak Republic, or place of habitual residence abroad

• the surname which the person to whom the application relates has chosen

• citizenship

• justification of the application

Office competent for submitting the application for a change of surname The permission of the district office is required for a change of the surname of a minor. The competent office for submitting the application for a change of a child’s surname is the district office in the place of permanent residence of the legal representative, or eventually in the place of their last residence in the territory of the Slovak Republic. If such an office does not exist, the competent office is the District Office Bratislava.

Submission of an application for a change of surname of a person older than 15 years The application for a change of the surname of a minor is submitted by the parents, or legal representatives, jointly. In the event that the minor is older than 15 years, it is necessary to attach their written consent with an officially verified signature to the application.

Submission of an application by only one of the parents If one of the parents decides that they want to change the child’s surname and the other parent does not agree with the aforementioned, the process becomes considerably complicated. In the event that the application is submitted by only one of the parents, it is necessary to supplement it with one of the following documents:

• written consent of the other parent with an officially verified signature

• a valid court decision replacing the consent of the parent

• a valid court decision on the limitation of the parent’s legal capacity.

Replacement of the parent’s consent by a court decision By entrusting a child into the sole care of only one of the parents, the other parent does not lose their parental rights and obligations. In the sense of Section 35 of Act No. 36/2005 Coll. on the Family: “If the parents do not agree on essential matters related to the exercise of parental rights and obligations, especially on the relocation of a minor child abroad, on the management of the minor child’s property, on the citizenship of the minor child, on the granting of consent for the provision of healthcare, and on the preparation for a future profession, the court shall decide upon the motion of either parent.”

A change of surname represents an essential matter related to the exercise of parental rights; therefore, the court is authorized to act in the stated matter based on this provision.

Hello, thank you for your message. According to Section 11, Paragraph 3 of the Act on Name and Surname, it applies that “if only one of the parents applies for a change of the first name or a change of the surname of a minor, they shall also attach to the application: a) the written consent of the other parent with their officially certified signature or a final court decision replacing their consent, if the consent was not given or if the consent could not be obtained, b) a final court decision on the deprivation or limitation of the legal capacity of the other parent, if such a decision was issued.”

The court will grant consent for the submission of the application by one of the parents only if there are serious reasons for it, if the parent whose surname the child has does not fulfill their obligations toward the child, shows no interest in them, and has evidently lost an emotional relationship with them.

Hello, thank you for your message. Yes, it is possible from January 1, 2026. The new legal regulation addresses the question posed above. According to the amended Act on Name and Surname, the provision of Section 6, Paragraph 5 states that: “Upon the application of a parent of a minor child who does not have the surname of this parent, and who personally cares for the child, the district office shall permit the minor child to use the surname of this parent as an additional surname in sequence, provided that the parents of the child are not married and the other parent has not given consent to the change of surname or the consent could not be obtained from them according to Section 11, Paragraph 3, Letter a); in such a case, replacement of the other parent’s consent by a court is not required. Permitting the use of a parent’s surname as an additional surname in sequence according to the previous sentence is possible only once and only in relation to one of several surnames of this parent.” From the situation you described, it follows that you likely meet the given condition and can request the district office to permit your son to also use your surname. However, it is not possible to replace the child’s surname from the current one to your surname. Thank you and we wish you a nice rest of the day.

Hello, thank you for your message. According to Section 11, Paragraph 3 of the Act on Name and Surname, it applies that “if only one of the parents applies for a change of the first name or a change of the surname of a minor, they shall also attach to the application: a) the written consent of the other parent with their officially certified signature or a final court decision replacing their consent, if the consent was not given or if the consent could not be obtained, b) a final court decision on the deprivation or limitation of the legal capacity of the other parent, if such a decision was issued.”

Regional Court Žilina, case no. 9CoP/23/2008: “There is no legal entitlement to the authorization of a surname change, and according to long-term court jurisprudence, the court will grant consent for the submission of an application by one of the parents (against the will of the other parent) only if there are serious reasons for it, if the parent whose surname the child has does not fulfill their obligations toward the child, shows no interest in them, and has evidently lost an emotional relationship with them, or if for another serious reason it is not in the interest of the child’s further upbringing to maintain and deepen a sense of belonging with this parent.”

It will be necessary to file a motion to the court to replace the father’s consent. Subsequently, it will be necessary to apply to the district office for the change of surname. In the motion addressed to the court, it will be necessary to bear the burden of proof, i.e., to demonstrate the merits of your motion. We would be happy to help you with the motion; do not hesitate to contact us at our e-mail address recepcia@akmv.sk.